Petitioner applied for regular bail in an assault case involving an accusation of attempt to murder. The court observed false implication and granted bail after one year in custody.
Enlargement on bail with a bond of Rs. 10,000 and two sureties of the like amount to the satisfaction of the learned ADJ-IV, Siwan.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50081 of 2021
Arising Out of PS. Case No.-177 Year-2021 Thana- SIWAN CITY District- Siwan
======================================================
MD. KAIF @ BANTI Son of Samsir Ahmad @ Samsir Alam Resident of Village - Dakhin Tola, Siwan, P.S.- Siwan, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 05-04-2022
Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that while he was getting his new house constructed, the petitioner came there, started to demand rangdari and also assaulted the informant with lathi, danda, pistol etc. Subsequently again on 9.6.2020, the petitioner made a demand of rangdari to the tune of Rs. 5 lacs and said that no work will proceed without payment of rangdari or else the informant would be killed.
It is submitted by learned senior counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. No such occurrence as alleged has taken place. The allegations are vague. Neither there is any specific allegations of injury having been caused to any person nor any payment has been made. No sanha or report has been lodged as a result of the
Patna High Court CR. MISC. No.50081 of 2021(3) dt.05-04-2022 2/2
occurrences which are alleged to have taken place on earlier occasion. No case under section 307 of the Indian Penal Code is made out. The petitioner is in custody since 5.4.2021.
On a specific querry by the Court, after taking instructions it is submitted by learned senior counsel appearing for the petitioner that charge has been framed in the case and Sessions Trial no. 262 of 2021 is pending in the Court of learned Additional District and Sessions Judge IV, Siwan.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for 1 year since 5.4.2021, the Court directs the petitioner to be enlarged on bail in connection with S.Tr. no. 262 of 2021 (arising out of Town P.S. Case no. 177 of 2021) on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-IV, Siwan.
The petitioner shall remain present in Court on each date of the trial. In case of the petitioner's absence on any date for reasons not to the satisfaction of the learned Trial Court or in case the learned Trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned Trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether the petitioner should be granted regular bail on the merits of an allegation of false implication and the passage of time in custody.
1 provisions across 1 enactments
MD. KAIF @ BANTI
The State of Bihar
PARATHA SARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
